Allahabad High Court
Arvind Kumar vs State Of U.P. Thru. Prin. Secy. ... on 1 July, 2022
Bench: Shamim Ahmed
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 12
Case :- APPLICATION U/S 482 No. - 4164 of 2022
Applicant :- Arvind Kumar
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
Counsel for Applicant :- Nijam Ahamad
Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Heard learned counsel for the applicant, learned A.G.A. for the state and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant for directing the learned Court below not to insist the applicant to file separate surety bonds in each and every eight cases and accept only two sureties.
It has been submitted by the learned counsel for the applicant that the applicant has been falsely implicated in all eight criminal cases and has been granted bail by the learned courts below, the details of cases are as under:-
1. Case Crime No. 222 of 2022, under Section 66/66-d of Information and Technology Act, Police Station Jahangirabad, District Ambedkar Nagar.
2. Case Crime No. 87 of 2019, under Section 379 I.P.C. and 66 of Information and Technology Act, Police Station Aliganj, District Ambedkar Nagar.
3. Case Crime No. 360 of 2020, under Sections 379, 411, 467, 468, 471, 419, 420 I.P.C. and Section 66 of Information and Technology Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.
4. Case Crime No. 99 of 2020, under Section 420 I.P.C. and Sections 65 and 66 of Information and Technology Act, Police Station Jalalpur, District Ambedkar Nagar.
5. Case Crime No. 359 of 2020, under Sections 379, 411, 419, 420, 467, 468, 471 I.P.C. and Section 66 of Information and Technology Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.
6. Case Crime No. 44 of 2019, under Section 420 I.P.C. and Section 66 of Information and Technology Act, Police Station Alapur, District Ambedkar Nagar.
7. Case Crime No. 367 of 2020, under Section 420 I.P.C. and Section 66-C of Information and Technology Act, Police Station Kotwali Akbarpur, District Ambedkar Nagar.
8. Case Crime No. 123 of 2019, under Section 420 I.P.C. and Section 66 of Information and Technology Act, Police Station Ahirauli, District Ambedkar Nagar.
It has been submitted by the learned counsel for the applicant that the applicant belongs to a very poor family so he is unable to manage 16 persons for surety before the learned trial court.
The Hon'ble Supreme Court in special leave to appeal Criminal No.8914- 8915 of 2018 Hani Nishad alias Mohd. Imran alias Viccky vs. State of U.P. and Others had directed that the applicant who was an accused in 31 cases be released on bail taking one personal bond and two sureties.
A prayer has been made by the learned counsel for the petitioner that the applicant be also given the benefit of judgment rendered by the Hon'ble Supreme Court in the case of Hani Nishad (supra).
This petition is disposed of with the direction to the learned trial court to accept one personal bond and two sureties to its satisfaction in one criminal case against the applicant and such personal bond and sureties shall hold good in all the other seven cases in which the applicant has been granted bail.
The petition/application is, accordingly, disposed of.
Order Date :- 1.7.2022
Mustaqeem
